Assembly Actions -
Senate Actions - UPPERCASE
|Mar 10, 2023||
referred to labor
Senate Bill S5641
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Labor Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S5641 (ACTIVE) - Details
2023-S5641 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5641 SPONSOR: COMRIE TITLE OF BILL: An act to amend the labor law, in relation to establishing criteria for the use of automated employment decision tools PURPOSE OR GENERAL IDEA OF BILL: To limit bias and discrimination against any group on the basis of sex, race, ethnicity, or other protected class that occurs when automated employment decision tools are used to screen candidates for hire. SUMMARY OF PROVISIONS: Section 1 amends the labor law by adding a new section 203-f. Defines e terms "automated employment decision tool", "disparate impact analysis", and "employment decision". Provides requirements that employers must follow to use automated employment decision tools. Provides enforcement measures. Authorizes the commissioner to initiate an investigation if a suspicion of a violation is established. States that the department may
2023-S5641 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5641 2023-2024 Regular Sessions I N S E N A T E March 10, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to establishing criteria for the use of automated employment decision tools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 203-f to read as follows: § 203-F. USE OF AUTOMATED EMPLOYMENT DECISION TOOLS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AUTOMATED EMPLOYMENT DECISION TOOL" MEANS ANY SYSTEM USED TO FILTER EMPLOYMENT CANDIDATES OR PROSPECTIVE CANDIDATES FOR HIRE IN A WAY THAT ESTABLISHES A PREFERRED CANDIDATE OR CANDIDATES WITHOUT RELYING ON CANDIDATE-SPECIFIC ASSESSMENTS BY INDIVIDUAL DECISION-MAKERS. AUTOMATED EMPLOYMENT DECISION TOOLS SHALL INCLUDE PERSONALITY TESTS, COGNITIVE ABILITY TESTS, RESUME SCORING SYSTEMS AND ANY SYSTEM WHOSE FUNCTION IS GOVERNED BY STATISTICAL THEORY, OR WHOSE PARAMETERS ARE DEFINED BY SUCH SYSTEMS, INCLUDING INFERENTIAL METHODOLOGIES, LINEAR REGRESSION, NEURAL NETWORKS, DECISION TREES, RANDOM FORESTS AND OTHER ARTIFICIAL INTELLI- GENCE OR MACHINE LEARNING ALGORITHMS. THE TERM "AUTOMATED EMPLOYMENT DECISION TOOL" DOES NOT INCLUDE A TOOL THAT DOES NOT AUTOMATE, SUPPORT, SUBSTANTIALLY ASSIST OR REPLACE DISCRETIONARY DECISION-MAKING PROCESSES AND THAT DOES NOT MATERIALLY IMPACT NATURAL PERSONS. B. "DISPARATE IMPACT ANALYSIS" MEANS AN IMPARTIAL ANALYSIS, INCLUDING BUT NOT LIMITED TO TESTING OF THE EXTENT TO WHICH USE OF AN AUTOMATED EMPLOYMENT DECISION TOOL IS LIKELY TO RESULT IN AN ADVERSE IMPACT TO THE DETRIMENT OF ANY GROUP ON THE BASIS OF SEX, RACE, ETHNICITY, OR OTHER PROTECTED CLASS UNDER ARTICLE FIFTEEN OF THE EXECUTIVE LAW. THE RESULTS OF SUCH ANALYSIS SHALL BE REPORTED TO THE EMPLOYER IMPLEMENTING OR USING AN AUTOMATED EMPLOYMENT DECISION TOOL. A DISPARATE IMPACT ANALYSIS SHALL DIFFERENTIATE BETWEEN CANDIDATES WHO WERE SELECTED AND CANDIDATES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02768-01-3
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